Where To File?

One of the first things you have to figure out is where to file your probate estate case. For Texas residents, you will need to file the case in the County where the deceased person lived. For people that were not Texas residents but may have owned property here there are a number of different places the law may require the case be filed. Here is what the statute says:

  • in the county in which the decedent resided, if the decedent had a domicile or fixed place of residence in this state; or
  • with respect to a decedent who did not have a domicile or fixed place of residence in this state:(A) if the decedent died in this state, in the county in which:(i) the decedent's principal estate was located at the time of the decedent's death; or(ii) the decedent died; or(B) if the decedent died outside of this state:(i) in any county in this state in which the decedent's nearest of kin reside; or(ii) if there is no next of kin of the decedent in this state, in the county in which the decedent's principal estate was located at the time of the decedent's death.

What To File?

Once you know where to file your case, then you need to figure out what kind of case to file. There are a bunch of probate procedures available in Texas to settle an estate. Some of these procedures are:

  • Independent Administration;
  • Dependent Administration
  • Muniment of Title;
  • Determination of Heirship;
  • and many more.

Each procedure has its own set of requirements and hoops to jump through. 

File Your Case Correctly

If you are not sure where to file, or what to file, I can help you file your case correctly so you can get through the process without delay.


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